The part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance excluding a compensation order shall be reversed.

Defendant shall be punished by imprisonment with prison labor for not less than ten months.

1. The sentence (No. 1: Imprisonment with prison labor for 8 months and imprisonment for 4 months) declared by the court below on the gist of the grounds of appeal is too uneasible and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio, and as each case of the judgment of the court below appealed by the prosecutor, each crime of the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment should be imposed at the same time pursuant to Article 38 of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment below is reversed, and it is so decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the punishment [the scope of the recommended punishment] shall be limited to the category 1 (less than KRW 100 million) [the amount of special aggravation] of general fraud or a large number of unspecified victims, or repeatedly committing a crime for a considerable period of time;

2. The Defendant: (a) obtained a sum of approximately 68,20,000 won from the victim E through the 20-month period; and (b) obtained a total of KRW 15 million from the victim B through the 3-month period; and (c) did not recover the victims’ damage even though the amount of fraud is a large amount.

However, the defendant recognized each of the crimes of this case, and each of the above.